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Rufus Choate represented the defendant and Daniel Webster the plaintiff. Webster, in the course of his plea, one of the most brilliant and moving ever uttered by him, paused for a moment, drew from himself the attention of those who were hanging upon his words, and pointed to his client.

The plaintiff's counsel informed the jury in his opening, that he was "prepared to prove that the defendant, a steamboat-captain, menaced his client, an English traveller, and put him in bodily fear, commanding him to vacate the avenue of the steamboat with his baggage, or he would precipitate him into the river."

The magistrates retired, and the Chairman, on returning, said that this was a most brutal and unprovoked assault, made all the worse by the previous drinking habits of the defendant. As it was, he was committed for a fortnight, and to pay the costs, or seven additional days; and he hoped this would be a warning to him.

This process is still depending, although very moderately pursued, either by the Queen's indulgence to one whom she had formerly so much trusted, or perhaps to be revived or slackened, according to the future demeanour of the defendant.

Newman, who spent above five weeks at Abbotsford during the winter of 1852-3, though a much longer visit had earnestly been wished for by his kind host. Hope, though not one of his advocates, had rendered the most efficient help to the illustrious defendant by his counsel and support.

At about the same time I heard of a man who was in the Tombs charged with murder, but who was almost certain to get off on account of the weakness of the case against him. I, therefore, visited the defendant and offered to give him a policy for ten dollars, in spite of the fact that he was already in jail.

But there was another way besides this by which the defendant could be charged with a duty and made liable in case, and which, although less familiar to lawyers, has a special bearing on the law of carriers in later times.

Captain Fishley had testified that I had no means of obtaining money honestly, and that I had run away. The captain seemed to be greatly astonished when his brother was called to the witness stand for the defence. "Mr. Fishley, were you in Torrentville two months ago?" asked Squire Pollard. "I was," replied the senator. "Did you see the defendant at that time?" "Yes, sir."

Formerly I dealt in hides perhaps you had better say in skins, my dear; on second thought, it might be more appropriate to say in skins, and then again it would be more accurate. I like to tell the truth when I can conveniently and without prejudice to the rights of the defendant. If I haven't dealt in skins as much as any other man on the face of the earth, then I don't know what a skin is.

"Gentlemen of the jury, you know the old saying 'He that pleads his own cause has a fool for his client. We cannot say that the proverb has held good in this case. The defendant has proved himself no fool. Never in my life have I listened to the pleadings of an opponent with deeper anxiety. Nature and the awful chances of life have made the defendant in this case more than eloquent.